ltjern8765
New Member
My jurisdiction is: Guam, USA
This past November, my wife backed upped her car at hit the front of a 9 year old BMW at ~ 8 mph. There was almost no damage to our Toyota Camry except a couple of non noticeable scratches, and some slight damage to his front grill and left headlight of the BMW.
To make a long story short, we are covered with a liability of 100,000 dollar per incident since I figured a couple of years ago it is cheaper to pay for the extra coverage and be safe..just in case, and the total damage agreed to be paid by our insurance company is approximately 6800 dollars (because it is a beamer!!)
Just last week, I and the insurance company were served with court papers and are being sued for close to 50,000 dollars, for mental suffering, bodily injury,…the whole works. All over a 5mph fender bender.
To make matters worse, this individual has the same insurance company as we do, so he is suing his own insurance company!!
Now…we have been appointed an attorney by the insurance company, and he is extremely upset at this individual as well. From what I understand, there are actual taped recordings where he is making verbal threats and obscene language to sue for all this other stuff unless the insurance company agrees to pay for additional things to his car. The appointed attorney had to put a stop to this by telling this individual's attorney that if he called again, a restraining order would be issued.
These additional things, outside the fender bender include a full bumper to bumper service, a new gas cap, fixing of some discoloration in the paint on the rear trunk, as well as replacement of an old cracked window, new weather stripping…and the list goes on. He is also suing for new BMW sunglasses, and a new cup holder. It is insane what this guy is suing for!!
The above is a brief history if this incident, and so my question is this. The attorney provided by the insurance company is representing the insurance company and us from this person. I have asked him if I should counter sue, but cause honestly, this has caused an extreme amount of stress, and when the accident happened, he was pointing his finger and cussing out my wife with threats. I mean what the heck, this guys is suing my for 50k!!
The attorney told me no, don't counter sue because we do not want to seem greedy in from of a jury, because this attorney wants to get this guy bad.
But I have this nagging thought in the back of my mind. Is this not a conflict of interest for my appointed attorney ? Who is he really representing? My insurance company or me since both me and the other person have he same insurance company? If I counter sue, the insurance company has to pay me. As well as the other guy. Thus, it would be in the best interest of the insurance company if I did not countersue for fraud, terrorism, tailgating, and anything else I can add to what cause in the accident, On top of this, we have witnesses that state how this guys was yelling and screaming at my wife !!
I am at a total loss at what to due as I am an honest person and have never sued anyone or run into a scam artist like this in my life.
I just want to get buy this and be left alone. My wife will not even drive a car after dark anymore as she is scared to death to get in another accident,.
Please, any advice would be very very welcome!!
If this was the wrong forum to post, please forgive my mistake.
This past November, my wife backed upped her car at hit the front of a 9 year old BMW at ~ 8 mph. There was almost no damage to our Toyota Camry except a couple of non noticeable scratches, and some slight damage to his front grill and left headlight of the BMW.
To make a long story short, we are covered with a liability of 100,000 dollar per incident since I figured a couple of years ago it is cheaper to pay for the extra coverage and be safe..just in case, and the total damage agreed to be paid by our insurance company is approximately 6800 dollars (because it is a beamer!!)
Just last week, I and the insurance company were served with court papers and are being sued for close to 50,000 dollars, for mental suffering, bodily injury,…the whole works. All over a 5mph fender bender.
To make matters worse, this individual has the same insurance company as we do, so he is suing his own insurance company!!
Now…we have been appointed an attorney by the insurance company, and he is extremely upset at this individual as well. From what I understand, there are actual taped recordings where he is making verbal threats and obscene language to sue for all this other stuff unless the insurance company agrees to pay for additional things to his car. The appointed attorney had to put a stop to this by telling this individual's attorney that if he called again, a restraining order would be issued.
These additional things, outside the fender bender include a full bumper to bumper service, a new gas cap, fixing of some discoloration in the paint on the rear trunk, as well as replacement of an old cracked window, new weather stripping…and the list goes on. He is also suing for new BMW sunglasses, and a new cup holder. It is insane what this guy is suing for!!
The above is a brief history if this incident, and so my question is this. The attorney provided by the insurance company is representing the insurance company and us from this person. I have asked him if I should counter sue, but cause honestly, this has caused an extreme amount of stress, and when the accident happened, he was pointing his finger and cussing out my wife with threats. I mean what the heck, this guys is suing my for 50k!!
The attorney told me no, don't counter sue because we do not want to seem greedy in from of a jury, because this attorney wants to get this guy bad.
But I have this nagging thought in the back of my mind. Is this not a conflict of interest for my appointed attorney ? Who is he really representing? My insurance company or me since both me and the other person have he same insurance company? If I counter sue, the insurance company has to pay me. As well as the other guy. Thus, it would be in the best interest of the insurance company if I did not countersue for fraud, terrorism, tailgating, and anything else I can add to what cause in the accident, On top of this, we have witnesses that state how this guys was yelling and screaming at my wife !!
I am at a total loss at what to due as I am an honest person and have never sued anyone or run into a scam artist like this in my life.
I just want to get buy this and be left alone. My wife will not even drive a car after dark anymore as she is scared to death to get in another accident,.
Please, any advice would be very very welcome!!
If this was the wrong forum to post, please forgive my mistake.
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